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Employment Law

Legal guidance - compliance - software

01 SEP 2010

September 2010 Legislation Update

Date

Legislation

Details

Autumn 2010

Equality Act

The overall effect of the Equality Act is to consolidate all the current discrimination legislation into one Act. The Act will also, among other things, create new public sector duties, extend the scope of positive action and outlaw age discrimination in the provision of goods and services. The main provisions of the Act are due to come into force in October. The public sector equality duty, the socio-economic duty and dual discrimination are anticipated to come into force in April 2011, while the ban on age discrimination in the provision of goods and services is due to come into force in 2012. This timetable may be subject to change as commencement orders to bring the Act into force have yet to be made.

June 2011

Changes to the European Works Council Directive (No 94/45)

The proposed changes aim to increase the use of EWCs and address the lack of certainty currently found in some parts of the Directive. The proposed means to achieve this include new definitions of information and consultation, and an obligation that arrangements for informing and consulting employees must be defined and implemented to ensure the effectiveness of the procedure and decision-making.

October 2011

Temporary Agency Workers Directive

The CBI and TUC reached agreement that agency workers should receive equal rights to comparable permanent workers after 12 weeks. The Agency Workers Regulations 2010 have been finalised but will not come into force until October 2011.

April 2011

Additional Paternity Leave Regulations 2010

The Regulations confer a new right for employee fathers (and the partners or civil partners of the birth mother) to take additional paternity leave of up to 26 weeks, some of which could be paid, if the mother returns to work. The right applies in respect of children whose expected week of birth is on or after 3 April 2011.

1 August 2012

Directive amending the Working Time Directive (No 2000/34)

Final date for full implementation of the Working Time Directive in relation to junior doctors. The 48-hour week will apply.

2012

Pensions Act

The Pensions Act would give all jobholders aged over 22, earning more than £5,000 a year, access to a workplace pensions scheme with minimum employer contribution. The Act proposes automatic enrolment into a qualifying scheme from 2012 and the introduction of the new personal accounts scheme for those employers who do not currently operate a pension scheme.

2013

Education and Skills Act 2008

The Act obliges employers in England and Wales to release young people for education or training, and check whether a young person is participating in education or training before employing them.

This new duty to participate will start to come into force after 2013 and there are many details still to be specified in regulations and practice.

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